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Government
The rules and institutions that make up the system of policymaking
Locke and the Social Contract Theory
The principle that people enter into a social contract with the government and allow themselves to be ruled
Consent of the Governed
Principle that there are no supreme rulers, all rulers depend on the approval of the people, when governments fail to protect rights the people have the right to change the government
Natural Rights
Principle that all people are born with certain rights: life, liberty, and property (pursuit of happiness)
Declaration of Independence
Document that summarizes the colonists’ motivations for seeking independence; Built on principles of natural rights, consent of the governed, and social contract theory.
Direct Democracy
Citizens meet and vote directly on government decisions
Representative Democracy (Republic)
Citizens choose officials (representatives) who make decisions on government policy
Popular Sovereignty
The idea that the government’s right to rule comes from the people
Common Good
Belief in doing whats best for the nation overall
Majority Rule
Belief that government is run based on the will of the majority
Limited Government
A theory of governance in which the government only has those powers delegated to it by law, often through a written constitution
Separation of Powers
Each of the three branches has its own power and independence
Checks and Balances
Each branch has some power over the others, but retains independence
Judicial Review
Set by Marbury v. Madison; SC may rule an act of the President or Congress unconstitutional
Federalism
Separation between powers of the Federal, State, and Local governments
Participatory Democracy
The theory that widespread political participation is essential for democratic government.
Pluralism
A theory of democracy that emphasizes the role of groups in the policymaking process.
Elitism
Theory of democracy that the elites have a disproportionate amount of influence in the policymaking process.
Articles of Confederation: Government Set Up
Weak association of states (very independent states); No central executive power; 9/13 states were required to vote to pass a law
Articles of Confederation: Weaknesses
No federal power to tax citizens directly; the Federal government could only raise an army (but not pay for it), print money, declare war, and run the post office; States could get away with taxing and printing money, and making foreign treaties
Shay’s Rebellion
Farmer rebellion in Massachusetts (1786-87) protesting mortgage foreclosures and terrible economy. Rebellion represented how weak the central government was under the Articles, and terrified many Americans
3/5 Compromise
Counted slaves as 3/5 of a person to give the south more representatives
Constitutional Convention: Virginia Plan
Plan that gave states representatives based on population size. Favored large states
Constitutional Convention: New Jersey Plan
Plan that gave every state an equal number of representatives, regardless of population size. Favored small states
Constitutional Convention: The Connecticut (Great) Compromise
Established two equal bodies (House and Senate) one based on population, one giving all states equal representation.
Federalist 10
Written by Madison, discusses importance of factions, factions are inevitable, but factions are best handled by a large republic
Federalist 51
Written by Madison, discusses importance of checks and balances and the separation of powers in the constitution
Brutus 1
An Antifederalist paper arguing that the country was too large to be governed as a republic and that the Constitution gave too much power to the national government.
Amending the Constitution: Formal Amendment Process
2/3 of Congress propose amendment → ¾ of states ratify it
Amending the Constitution: Informal Changes to the Constitution
Judicial interpretations; Legislative actions that clarify its provisions
10th Amendment
Any power not denied nor given to the federal government is reserved for state governments (create local governments)
Fiscal Federalism
Government’s patterns of spending, taxing, and providing grants to influence state and local governments
Categorical Grants
Federal grants for specific purposes (Ex: Building an airport)
Block Grants
Broad grants from the federal government that give local/state governments a lot of freedom tospend money as they please without many strings attached (Ex: Welfare Reform Act of 1996: began transferring more authority back to the states through block grants)
Unfunded Mandates
Terms set by federal governments that states must meet with no funding from the federal government
Revenue Sharing
Federal sharing of a fixed percentage of its revenue with the states
Devolution
Process of returning power to the states, began during New Federalism under presidents Nixon, Reagan, and Bush
Necessary and Proper (Elastic) Clause
Gives Congress the flexibility to make laws necessary and proper for carrying out expressed powers; Upheld in McCulloch v. Maryland
Full Faith & Credit Clause
States must honor laws and court rulings of other states
Take Care Clause
President must enforce all laws passed by congress
Supremacy Clause
Federal law is superior to state law; Resulted from McCulloch v. Maryland
Commerce Clause
Gives federal government authority to regulate all of interstate commerce. Gives federal government authority to regulate businesses that go between state lines, and justifies many federal laws (Civil Rights Act)
Confederate Government
System of government in which the central government is very weak and most of the true power lies in individual states
Unitary System
System of government in which the central government is extremely powerful, and individual states have few powers
Enumerated Powers
Powers listed in the constitution for the federal government: go to war, raise an army, regulate interstate and foreign commerce, establish post offices
Implied Powers
Based on Necessary and Proper (Elastic) Clause; Grants Congress the authority to make all laws needed for the execution of enumerated powers
Concurrent Powers
Shared powers between federal and state governments; Power to tax and spend, establish courts, make laws
Denied Powers
Powers explicitly denied to government
Writ of Habeas Corpus
Being imprisoned without formal accusation
Bills of Attainder
Laws that declare a person to be guilty
Ex Post Facto Laws
“After the fact”, laws that make an act illegal after it was preformed
Cooperative Federalism
Sharing powers between state and federal governments (AKA: “Marble Cake”)
Dual Federalism
Belief that the state and national governments are supreme within their own sphere of influence (AKA “Layer Cake”)
US v. Lopez (1995)
More power to states
Obergefell v. Hodges (2015)
Right to same sex marriage legalized
McCulloch v. Maryland (1819)
Debate as to whether or not the Bank of the United States had to pay Maryland state taxes; SC ruled that because the Bank of the US was national, it did not have to follow Maryland state law; Ruling overturned the idea of nullification by which states could override federal law
Gibbons v. Ogden (1824)
Chief Justice John Marshall's Court ruled that Congress has the power to “regulate commerce” and that federal law takes precedence over state laws; More power to federal government